R -v- G 1-Aug-2006 [2006] JRC 112 (01 August 2006)

R -v- G 1-Aug-2006 [2006] JRC 112 (01 August 2006)

The Deputy Registrar erred by not exercising her own discretion regarding costs, being misled by an extract from B v C. The correct approach is to exercise discretion afresh, considering litigation misconduct and the circumstances of the case. An award of £10,000 is appropriate to reflect the husband's failure to disclose assets and the public interest in full disclosure.

Citation
[2006] JRC 112
Parties
Respondent: wife; Petitioner: husband
Jurisdiction
Jersey
Judgment Date
01 August 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Ancillary Relief, Costs, Litigation Misconduct, Disclosure, Legal Aid
Family Law Ancillary Relief Costs Litigation Misconduct Disclosure Legal Aid

Case Brief

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Parties

wife

Respondent

husband

Petitioner

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Deputy Registrar erred in exercising discretion regarding costs
  2. 2 Whether the wife should be awarded costs as the 'winner'
  3. 3 Relevance of legal aid to costs

Ratio Decidendi

The Deputy Registrar erred by not exercising her own discretion regarding costs, being misled by an extract from B v C. The correct approach is to exercise discretion afresh, considering litigation misconduct and the circumstances of the case. An award of £10,000 is appropriate to reflect the husband's failure to disclose assets and the public interest in full disclosure.

Court Disposition

appeal allowed in part

Orders

  • husband to pay £10,000 towards wife's costs
  • no order as to costs for the appeal